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Illinois House Bill HB3498

Illinois 2025-2026 Regular Session

Illinois House Bill HB3498 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3498 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 410 ILCS 130/10410 ILCS 705/10-5 Amends the Compassionate Use of Medical Cannabis Program Act. Changes the definition of "designated caregiver" to remove a requirement that the caregiver not have been convicted of an excluded offense and to raise the maximum number of patients that can be assisted to 10 patients. Amends the Cannabis Regulation and Tax Act. In provisions regarding the personal use of cannabis, provides that a dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 12 plants (rather than 5 plants). LRB104 09660 BDA 19726 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3498 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 410 ILCS 130/10410 ILCS 705/10-5 410 ILCS 130/10 410 ILCS 705/10-5 Amends the Compassionate Use of Medical Cannabis Program Act. Changes the definition of "designated caregiver" to remove a requirement that the caregiver not have been convicted of an excluded offense and to raise the maximum number of patients that can be assisted to 10 patients. Amends the Cannabis Regulation and Tax Act. In provisions regarding the personal use of cannabis, provides that a dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 12 plants (rather than 5 plants). LRB104 09660 BDA 19726 b LRB104 09660 BDA 19726 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3498 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
33 410 ILCS 130/10410 ILCS 705/10-5 410 ILCS 130/10 410 ILCS 705/10-5
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66 Amends the Compassionate Use of Medical Cannabis Program Act. Changes the definition of "designated caregiver" to remove a requirement that the caregiver not have been convicted of an excluded offense and to raise the maximum number of patients that can be assisted to 10 patients. Amends the Cannabis Regulation and Tax Act. In provisions regarding the personal use of cannabis, provides that a dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 12 plants (rather than 5 plants).
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1212 1 AN ACT concerning health.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Compassionate Use of Medical Cannabis
1616 5 Program Act is amended by changing Section 10 as follows:
1717 6 (410 ILCS 130/10)
1818 7 Sec. 10. Definitions. The following terms, as used in this
1919 8 Act, shall have the meanings set forth in this Section:
2020 9 (a) "Adequate supply" means:
2121 10 (1) 2.5 ounces of usable cannabis during a period of
2222 11 14 days and that is derived solely from an intrastate
2323 12 source.
2424 13 (2) Subject to the rules of the Department of Public
2525 14 Health, a patient may apply for a waiver where a
2626 15 certifying health care professional provides a substantial
2727 16 medical basis in a signed, written statement asserting
2828 17 that, based on the patient's medical history, in the
2929 18 certifying health care professional's professional
3030 19 judgment, 2.5 ounces is an insufficient adequate supply
3131 20 for a 14-day period to properly alleviate the patient's
3232 21 debilitating medical condition or symptoms associated with
3333 22 the debilitating medical condition.
3434 23 (3) This subsection may not be construed to authorize
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3939 410 ILCS 130/10410 ILCS 705/10-5 410 ILCS 130/10 410 ILCS 705/10-5
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4242 Amends the Compassionate Use of Medical Cannabis Program Act. Changes the definition of "designated caregiver" to remove a requirement that the caregiver not have been convicted of an excluded offense and to raise the maximum number of patients that can be assisted to 10 patients. Amends the Cannabis Regulation and Tax Act. In provisions regarding the personal use of cannabis, provides that a dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 12 plants (rather than 5 plants).
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7171 1 the possession of more than 2.5 ounces at any time without
7272 2 authority from the Department of Public Health.
7373 3 (4) The pre-mixed weight of medical cannabis used in
7474 4 making a cannabis infused product shall apply toward the
7575 5 limit on the total amount of medical cannabis a registered
7676 6 qualifying patient may possess at any one time.
7777 7 (a-5) "Advanced practice registered nurse" means a person
7878 8 who is licensed under the Nurse Practice Act as an advanced
7979 9 practice registered nurse and has a controlled substances
8080 10 license under Article III of the Illinois Controlled
8181 11 Substances Act.
8282 12 (b) "Cannabis" has the meaning given that term in Section
8383 13 3 of the Cannabis Control Act.
8484 14 (c) "Cannabis plant monitoring system" means a system that
8585 15 includes, but is not limited to, testing and data collection
8686 16 established and maintained by the registered cultivation
8787 17 center and available to the Department for the purposes of
8888 18 documenting each cannabis plant and for monitoring plant
8989 19 development throughout the life cycle of a cannabis plant
9090 20 cultivated for the intended use by a qualifying patient from
9191 21 seed planting to final packaging.
9292 22 (d) "Cardholder" means a qualifying patient or a
9393 23 designated caregiver who has been issued and possesses a valid
9494 24 registry identification card by the Department of Public
9595 25 Health.
9696 26 (d-5) "Certifying health care professional" means a
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107107 1 physician, an advanced practice registered nurse, or a
108108 2 physician assistant.
109109 3 (e) "Cultivation center" means a facility operated by an
110110 4 organization or business that is registered by the Department
111111 5 of Agriculture to perform necessary activities to provide only
112112 6 registered medical cannabis dispensing organizations with
113113 7 usable medical cannabis.
114114 8 (f) "Cultivation center agent" means a principal officer,
115115 9 board member, employee, or agent of a registered cultivation
116116 10 center who is 21 years of age or older and has not been
117117 11 convicted of an excluded offense.
118118 12 (g) "Cultivation center agent identification card" means a
119119 13 document issued by the Department of Agriculture that
120120 14 identifies a person as a cultivation center agent.
121121 15 (h) "Debilitating medical condition" means one or more of
122122 16 the following:
123123 17 (1) cancer, glaucoma, positive status for human
124124 18 immunodeficiency virus, acquired immune deficiency
125125 19 syndrome, hepatitis C, amyotrophic lateral sclerosis,
126126 20 Crohn's disease (including, but not limited to, ulcerative
127127 21 colitis), agitation of Alzheimer's disease,
128128 22 cachexia/wasting syndrome, muscular dystrophy, severe
129129 23 fibromyalgia, spinal cord disease, including but not
130130 24 limited to arachnoiditis, Tarlov cysts, hydromyelia,
131131 25 syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
132132 26 spinal cord injury, traumatic brain injury and
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143143 1 post-concussion syndrome, Multiple Sclerosis,
144144 2 Arnold-Chiari malformation and Syringomyelia,
145145 3 Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
146146 4 Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
147147 5 (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
148148 6 (Complex Regional Pain Syndromes Type II),
149149 7 Neurofibromatosis, Chronic Inflammatory Demyelinating
150150 8 Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
151151 9 Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
152152 10 syndrome, residual limb pain, seizures (including those
153153 11 characteristic of epilepsy), post-traumatic stress
154154 12 disorder (PTSD), autism, chronic pain, irritable bowel
155155 13 syndrome, migraines, osteoarthritis, anorexia nervosa,
156156 14 Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
157157 15 Disease, neuropathy, polycystic kidney disease, superior
158158 16 canal dehiscence syndrome, or the treatment of these
159159 17 conditions;
160160 18 (1.5) terminal illness with a diagnosis of 6 months or
161161 19 less; if the terminal illness is not one of the qualifying
162162 20 debilitating medical conditions, then the certifying
163163 21 health care professional shall on the certification form
164164 22 identify the cause of the terminal illness; or
165165 23 (2) any other debilitating medical condition or its
166166 24 treatment that is added by the Department of Public Health
167167 25 by rule as provided in Section 45.
168168 26 (i) "Designated caregiver" means a person who: (1) is at
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179179 1 least 21 years of age; (2) has agreed to assist with a
180180 2 patient's medical use of cannabis; (3) has not been convicted
181181 3 of an excluded offense; and (3) (4) assists no more than 10 one
182182 4 registered qualifying patients patient with his or her medical
183183 5 use of cannabis.
184184 6 (j) "Dispensing organization agent identification card"
185185 7 means a document issued by the Department of Financial and
186186 8 Professional Regulation that identifies a person as a medical
187187 9 cannabis dispensing organization agent.
188188 10 (k) "Enclosed, locked facility" means a room, greenhouse,
189189 11 building, or other enclosed area equipped with locks or other
190190 12 security devices that permit access only by a cultivation
191191 13 center's agents or a dispensing organization's agent working
192192 14 for the registered cultivation center or the registered
193193 15 dispensing organization to cultivate, store, and distribute
194194 16 cannabis for registered qualifying patients.
195195 17 (l) "Excluded offense" for cultivation center agents and
196196 18 dispensing organizations means:
197197 19 (1) a violent crime defined in Section 3 of the Rights
198198 20 of Crime Victims and Witnesses Act or a substantially
199199 21 similar offense that was classified as a felony in the
200200 22 jurisdiction where the person was convicted; or
201201 23 (2) a violation of a state or federal controlled
202202 24 substance law, the Cannabis Control Act, or the
203203 25 Methamphetamine Control and Community Protection Act that
204204 26 was classified as a felony in the jurisdiction where the
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215215 1 person was convicted, except that the registering
216216 2 Department may waive this restriction if the person
217217 3 demonstrates to the registering Department's satisfaction
218218 4 that his or her conviction was for the possession,
219219 5 cultivation, transfer, or delivery of a reasonable amount
220220 6 of cannabis intended for medical use. This exception does
221221 7 not apply if the conviction was under state law and
222222 8 involved a violation of an existing medical cannabis law.
223223 9 For purposes of this subsection, the Department of Public
224224 10 Health shall determine by emergency rule within 30 days after
225225 11 the effective date of this amendatory Act of the 99th General
226226 12 Assembly what constitutes a "reasonable amount".
227227 13 (l-5) (Blank).
228228 14 (l-10) "Illinois Cannabis Tracking System" means a
229229 15 web-based system established and maintained by the Department
230230 16 of Public Health that is available to the Department of
231231 17 Agriculture, the Department of Financial and Professional
232232 18 Regulation, the Illinois State Police, and registered medical
233233 19 cannabis dispensing organizations on a 24-hour basis to upload
234234 20 written certifications for Opioid Alternative Pilot Program
235235 21 participants, to verify Opioid Alternative Pilot Program
236236 22 participants, to verify Opioid Alternative Pilot Program
237237 23 participants' available cannabis allotment and assigned
238238 24 dispensary, and the tracking of the date of sale, amount, and
239239 25 price of medical cannabis purchased by an Opioid Alternative
240240 26 Pilot Program participant.
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251251 1 (m) "Medical cannabis cultivation center registration"
252252 2 means a registration issued by the Department of Agriculture.
253253 3 (n) "Medical cannabis container" means a sealed,
254254 4 traceable, food compliant, tamper resistant, tamper evident
255255 5 container, or package used for the purpose of containment of
256256 6 medical cannabis from a cultivation center to a dispensing
257257 7 organization.
258258 8 (o) "Medical cannabis dispensing organization", or
259259 9 "dispensing organization", or "dispensary organization" means
260260 10 a facility operated by an organization or business that is
261261 11 registered by the Department of Financial and Professional
262262 12 Regulation to acquire medical cannabis from a registered
263263 13 cultivation center for the purpose of dispensing cannabis,
264264 14 paraphernalia, or related supplies and educational materials
265265 15 to registered qualifying patients, individuals with a
266266 16 provisional registration for qualifying patient cardholder
267267 17 status, or an Opioid Alternative Pilot Program participant.
268268 18 (p) "Medical cannabis dispensing organization agent" or
269269 19 "dispensing organization agent" means a principal officer,
270270 20 board member, employee, or agent of a registered medical
271271 21 cannabis dispensing organization who is 21 years of age or
272272 22 older and has not been convicted of an excluded offense.
273273 23 (q) "Medical cannabis infused product" means food, oils,
274274 24 ointments, or other products containing usable cannabis that
275275 25 are not smoked.
276276 26 (r) "Medical use" means the acquisition; administration;
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287287 1 delivery; possession; transfer; transportation; or use of
288288 2 cannabis to treat or alleviate a registered qualifying
289289 3 patient's debilitating medical condition or symptoms
290290 4 associated with the patient's debilitating medical condition.
291291 5 (r-5) "Opioid" means a narcotic drug or substance that is
292292 6 a Schedule II controlled substance under paragraph (1), (2),
293293 7 (3), or (5) of subsection (b) or under subsection (c) of
294294 8 Section 206 of the Illinois Controlled Substances Act.
295295 9 (r-10) "Opioid Alternative Pilot Program participant"
296296 10 means an individual who has received a valid written
297297 11 certification to participate in the Opioid Alternative Pilot
298298 12 Program for a medical condition for which an opioid has been or
299299 13 could be prescribed by a certifying health care professional
300300 14 based on generally accepted standards of care.
301301 15 (s) "Physician" means a doctor of medicine or doctor of
302302 16 osteopathy licensed under the Medical Practice Act of 1987 to
303303 17 practice medicine and who has a controlled substances license
304304 18 under Article III of the Illinois Controlled Substances Act.
305305 19 It does not include a licensed practitioner under any other
306306 20 Act including but not limited to the Illinois Dental Practice
307307 21 Act.
308308 22 (s-1) "Physician assistant" means a physician assistant
309309 23 licensed under the Physician Assistant Practice Act of 1987
310310 24 and who has a controlled substances license under Article III
311311 25 of the Illinois Controlled Substances Act.
312312 26 (s-5) "Provisional registration" means a document issued
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323323 1 by the Department of Public Health to a qualifying patient who
324324 2 has submitted: (1) an online application and paid a fee to
325325 3 participate in Compassionate Use of Medical Cannabis Program
326326 4 pending approval or denial of the patient's application; or
327327 5 (2) a completed application for terminal illness.
328328 6 (t) "Qualifying patient" means a person who has been
329329 7 diagnosed by a certifying health care professional as having a
330330 8 debilitating medical condition.
331331 9 (u) "Registered" means licensed, permitted, or otherwise
332332 10 certified by the Department of Agriculture, Department of
333333 11 Public Health, or Department of Financial and Professional
334334 12 Regulation.
335335 13 (v) "Registry identification card" means a document issued
336336 14 by the Department of Public Health that identifies a person as
337337 15 a registered qualifying patient or registered designated
338338 16 caregiver.
339339 17 (w) "Usable cannabis" means the seeds, leaves, buds, and
340340 18 flowers of the cannabis plant and any mixture or preparation
341341 19 thereof, but does not include the stalks, and roots of the
342342 20 plant. It does not include the weight of any non-cannabis
343343 21 ingredients combined with cannabis, such as ingredients added
344344 22 to prepare a topical administration, food, or drink.
345345 23 (x) "Verification system" means a Web-based system
346346 24 established and maintained by the Department of Public Health
347347 25 that is available to the Department of Agriculture, the
348348 26 Department of Financial and Professional Regulation, law
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359359 1 enforcement personnel, and registered medical cannabis
360360 2 dispensing organization agents on a 24-hour basis for the
361361 3 verification of registry identification cards, the tracking of
362362 4 delivery of medical cannabis to medical cannabis dispensing
363363 5 organizations, and the tracking of the date of sale, amount,
364364 6 and price of medical cannabis purchased by a registered
365365 7 qualifying patient.
366366 8 (y) "Written certification" means a document dated and
367367 9 signed by a certifying health care professional, stating (1)
368368 10 that the qualifying patient has a debilitating medical
369369 11 condition and specifying the debilitating medical condition
370370 12 the qualifying patient has; and (2) that (A) the certifying
371371 13 health care professional is treating or managing treatment of
372372 14 the patient's debilitating medical condition; or (B) an Opioid
373373 15 Alternative Pilot Program participant has a medical condition
374374 16 for which opioids have been or could be prescribed. A written
375375 17 certification shall be made only in the course of a bona fide
376376 18 health care professional-patient relationship, after the
377377 19 certifying health care professional has completed an
378378 20 assessment of either a qualifying patient's medical history or
379379 21 Opioid Alternative Pilot Program participant, reviewed
380380 22 relevant records related to the patient's debilitating
381381 23 condition, and conducted a physical examination.
382382 24 (z) "Bona fide health care professional-patient
383383 25 relationship" means a relationship established at a hospital,
384384 26 certifying health care professional's office, or other health
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395395 1 care facility in which the certifying health care professional
396396 2 has an ongoing responsibility for the assessment, care, and
397397 3 treatment of a patient's debilitating medical condition or a
398398 4 symptom of the patient's debilitating medical condition.
399399 5 A veteran who has received treatment at a VA hospital
400400 6 shall be deemed to have a bona fide health care
401401 7 professional-patient relationship with a VA certifying health
402402 8 care professional if the patient has been seen for his or her
403403 9 debilitating medical condition at the VA Hospital in
404404 10 accordance with VA Hospital protocols.
405405 11 A bona fide health care professional-patient relationship
406406 12 under this subsection is a privileged communication within the
407407 13 meaning of Section 8-802 of the Code of Civil Procedure.
408408 14 (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
409409 15 Section 10. The Cannabis Regulation and Tax Act is amended
410410 16 by changing Section 10-5 as follows:
411411 17 (410 ILCS 705/10-5)
412412 18 Sec. 10-5. Personal use of cannabis; restrictions on
413413 19 cultivation; penalties.
414414 20 (a) Beginning January 1, 2020, notwithstanding any other
415415 21 provision of law, and except as otherwise provided in this
416416 22 Act, the following acts are not a violation of this Act and
417417 23 shall not be a criminal or civil offense under State law or the
418418 24 ordinances of any unit of local government of this State or be
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429429 1 a basis for seizure or forfeiture of assets under State law for
430430 2 persons other than natural individuals under 21 years of age:
431431 3 (1) possession, consumption, use, purchase, obtaining,
432432 4 or transporting cannabis paraphernalia or an amount of
433433 5 cannabis for personal use that does not exceed the
434434 6 possession limit under Section 10-10 or otherwise in
435435 7 accordance with the requirements of this Act;
436436 8 (2) cultivation of cannabis for personal use in
437437 9 accordance with the requirements of this Act; and
438438 10 (3) controlling property if actions that are
439439 11 authorized by this Act occur on the property in accordance
440440 12 with this Act.
441441 13 (a-1) Beginning January 1, 2020, notwithstanding any other
442442 14 provision of law, and except as otherwise provided in this
443443 15 Act, possessing, consuming, using, purchasing, obtaining, or
444444 16 transporting cannabis paraphernalia or an amount of cannabis
445445 17 purchased or produced in accordance with this Act that does
446446 18 not exceed the possession limit under subsection (a) of
447447 19 Section 10-10 shall not be a basis for seizure or forfeiture of
448448 20 assets under State law.
449449 21 (b) Cultivating cannabis for personal use is subject to
450450 22 the following limitations:
451451 23 (1) An Illinois resident 21 years of age or older who
452452 24 is a registered qualifying patient under the Compassionate
453453 25 Use of Medical Cannabis Program Act may cultivate cannabis
454454 26 plants, with a limit of 5 plants that are more than 5
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465465 1 inches tall, per household without a cultivation center or
466466 2 craft grower license. In this Section, "resident" means a
467467 3 person who has been domiciled in the State of Illinois for
468468 4 a period of 30 days before cultivation.
469469 5 (2) Cannabis cultivation must take place in an
470470 6 enclosed, locked space.
471471 7 (3) Adult registered qualifying patients may purchase
472472 8 cannabis seeds from a dispensary for the purpose of home
473473 9 cultivation. Seeds may not be given or sold to any other
474474 10 person.
475475 11 (4) Cannabis plants shall not be stored or placed in a
476476 12 location where they are subject to ordinary public view,
477477 13 as defined in this Act. A registered qualifying patient
478478 14 who cultivates cannabis under this Section shall take
479479 15 reasonable precautions to ensure the plants are secure
480480 16 from unauthorized access, including unauthorized access by
481481 17 a person under 21 years of age.
482482 18 (5) Cannabis cultivation may occur only on residential
483483 19 property lawfully in possession of the cultivator or with
484484 20 the consent of the person in lawful possession of the
485485 21 property. An owner or lessor of residential property may
486486 22 prohibit the cultivation of cannabis by a lessee.
487487 23 (6) (Blank).
488488 24 (7) A dwelling, residence, apartment, condominium
489489 25 unit, enclosed, locked space, or piece of property not
490490 26 divided into multiple dwelling units shall not contain
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